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CHAP. 267.
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tinue to be, for the space of ten days, out of order
and need repairing, information of the same having
been served in writing, directed to the president
and directors of said road company, and left with
the keeper of said toll-gate, or with the said
president, designating the part or portion of said
road, and the same remaining unattended to for
the space of five days thereafter, information of
the same being furnished by any two responsible
freeholders, residents in Frederick county, to any
justice of the peace in and for said county, it shall
be the duty of said justice to issue his precept, di-
rected to the sheriff of said county, commanding
him to summon three judicious inhabitants of said
county to meet at a certain time in said precept to
be mentioned, at the place on said road of which
complaint is made, notice of which meeting shall
also be given to the keeper of the toll-gate, or to
the president of said road, and the said sheriff
shall, at the said time and place, by the oath or
affirmation of competent witnesses, inquire whether
said complaint is well founded, or whether the
complaint aforesaid is groundless and ill-founded,
and shall cause inquisition to be made by personal
examination of the part of said road about which
complaint is made himself, and three persons consti-
stituted as judges in the premises, and if the said road,
bridge, culvert, &c., shall be found by them to be in
good repair, the parties making the complaint shall
pay all the costs and charges of the inquisition, but
if the said road, bridge or culvert, &c., shall be found
by the said judges to be out of order and repair, ac-
cording to the intent and meaning of this act, the
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Penalty.
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said sheriff shall certify and send a copy of said in-
quisition to the keeper of said toll-gate, and thence-
forth, the tolls hereby granted to be collected at
said gate for passing and repassing, shall cease to
be demanded, paid or collected until the said defec-
tive part or parts of said road, bridge, culvert, &c.,
shall be put in good order and in perfect repair, to
be certified to by the sheriff and a majority of the
said judges aforesaid; and if the same shall not be
put into such order and repair before the next
meeting of the Circuit court of Frederick county,
the sheriff aforesaid shall certify and send a copy
of said inquisition to the judge of the court afore-
said, and said court shall thereupon order capias
ad respondendum against the president and direc-
tors, to which the prosecuting attorney for the
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